Virginia
Former Va. Tech football player found not guilty in beating death of gay man
Defense lawyer said victim tricked 18-year-old into having sex
A Montgomery County, Va., jury on May 27 acquitted a former Virginia Tech football player of second-degree murder for the May 2021 beating death of a gay man who was dressed in women’s clothes when the two men engaged in sex after meeting through the online dating site Tinder.
At the time of his arrest last year, Isimemen Etute, 19, who was 18 at the time of the incident, told police he acted in self-defense after learning that victim Jerry Paul Smith, 40, tricked him into thinking he was a woman when he allowed Smith to perform oral sex on him at Smith’s Blacksburg, Va., apartment on April 10, 2021.
Etute told police he returned to Smith’s apartment in May of that year to determine whether Smith was a man or a woman, according to the Roanoke Times. The newspaper reports that Etute testified at his trial that a confrontation broke out inside Smith’s apartment after Etute saw that Smith was a man. He testified at his three-day trial last week that he began punching Smith after Smith appeared to be reaching for a weapon under the mattress of his bed, possibly a gun.
Police discovered a knife under the mattress at the time they found Smith’s badly beaten body on the bedroom floor.
Prosecutors presented a witness from the county medical examiner’s office who testified that most of the bones in Smith’s face were broken, he had bleeding and swelling in his brain, and had multiple teeth knocked out.
The Associated Press reports that Assistant State’s Attorney Patrick Jensen argued at the trial that the injuries suffered by Smith indicated Etute acted with malice and Smith could not have posed a threat to him after he was initially punched by Etute.
“I felt violated,” Etute testified at the trial, according to the AP and the Roanoke Times “I was just in shock, in disbelief that someone tricked me and lied to me,” the Times quoted Etute as telling the judge and jury.
His attorney, Jimmy Turk, told the jury that Smith was a “deceitful and dishonest man” who “defrauded young men for his own sexual gratification,” the Roanoke Times reports. “Who is the real victim here?” the newspaper quoted Turk as telling the jury in his closing arguments. “This was a wicked sexual ruse.”
Prosecutor Jensen called on Circuit Court Judge Mike Fleenor to instruct the jury that the defense could not use a so-called “gay panic defense” on Etute’s behalf because the Virginia General Assembly last year passed a law outlawing the gay and transgender panic defense in criminal trials.
The law, similar to laws passed by other states, says juries cannot consider a violent act to be justified by someone who finds out someone else’s sexual orientation or gender identity.
According to the Roanoke Times, the judge said the law would have applied in this case, but it did not take effect until after the incident in which Etute assaulted Smith took place and so the law could not be applied retroactively.
The Times and AP report that the jury handed down its not guilty verdict after deliberating for just three hours.
Virginia
Gay Va. couple hopeful voters will enshrine marriage equality in state constitution
Early voting has already begun in the state
A referendum on whether to enshrine marriage equality in Virginia’s constitutional amendment is on the ballot this year.
If voters approve Question 2, it will codify the U.S. Supreme Court’s Obergefell ruling in 2015 that extended marriage rights to same-sex couples across the country — gays and lesbians have been able to legally marry in Virginia since Oct. 6, 2014.
Ron Bookbinder and James Fisher are a married couple who live in Arlington.
They have been together for 38 years — Bookbinder and Fisher married in 2014.
“We think this is a critical vote to remove this discriminatory language from the constitution and to ensure that going forward, no matter what happens, the state of Virginia will ensure marriage equality,” Fisher told the Washington Blade. “It is it is really difficult and upsetting to think that our current state constitution would prohibit same-sex marriage, even though the federal government overrides that now. There’s no saying what may happen in the future.”
Bookbinder said it was important for him and Fisher to get married “to gain social equality.”
“I was surprised how good it felt, how important it was to begin to say, ‘my husband rather than my partner,'” Bookbinder said.
Bookbinder then explained why it feels good to be married.
“Is it a legal partner, a business partner, a tennis partner, you know, or a romantic partner? But when you say my husband James, everyone knows exactly what you mean and confers an equal status with everyone else who’s married, and we were both surprised at how good it felt and how equal it felt to suddenly be married and be able to state that you were married and discuss your husband rather than your partner, and I would hate to lose that,” he said.
Bookbinder and Fisher said they are hopeful that voters will approve the amendment, noting Virginia has become more progressive over the years.
“I think people have, with the Supreme Court decision, people have seen that a same-sex marriage is just a marriage,” stated Fisher. “It’s just two people who love each other, and I think more and more people have attended a same-sex marriage, someone in their family or a friend, and the experience of what this is, firsthand experience, is so important in shaping people’s opinions, and I think the period of time that we’ve had since the Obergefell decision has given a lot of voters that experience, which I think is really important and powerful.”
The couple also said the push to enshrine marriage equality in Virginia’s constitution is in response to the Trump-Vance administration.
“And I think due to President Trump doing all the horrible things he’s done to so many groups, including LGBTQ, especially trans people, that Virginians are kind of pushed to be even more progressive to protect those who need protection, which would include the LGBTQ community in terms of marriage equality, so I’m confident it will pass,” said Bookbinder.
Narissa Rahaman, executive director of Equality Virginia, sent the Blade a statement about early voting on Question 2 that has already begun.
“With early voting now underway, our focus is making sure every Virginian knows Question 2 is on their ballot,” said Rahaman. “The outdated ban on same-sex marriage still in Virginia’s state constitution leaves a gap in protections for the thousands of same-sex couples that call this state home, but after 20 years we have the chance to fix it.”
Log onto www.mobilize.us/vaformarriage to find out more about the campaign in support of Question 2.
Virginia
Virginia Anti-Violence Project struggles to fill federal funding gaps
Group has lost 54 percent of funding since 2020
A loss of federal funding has threatened to adversely impact the Virginia Anti-Violence Project’s work in the state.
The group’s mission is to assist LGBTQ and BIPOC (Black, Indigenous and people of color) victims of domestic, sexual, interpersonal, and state violence with direct support, education, and advocacy. The VAVP seeks to build a future where LGBTQ and BIPOC individuals can live freely without a sense for worry about violence.
“Virginia Anti-Violence Project helps to close the distance between services existing and LGBTQIA+ survivors actually being able to reach safety, stable housing, and support that they can trust,” VAVP Executive Director Ebony Clark told the Washington Blade on Tuesday. “Our mission is to provide direct services and advocacy to LGBTQ+ survivors across Virginia.”
Clark said obtaining state and federal funds has become increasingly difficult.
“One of the reasons that we can talk about is politics and how you know queer diverse, queer communities are targets when it comes to politics, and so that may be a reason why the funding is decreasing in in very niche areas, but overall, state funding, federal funding has been lost or significantly reduced when it comes to culturally specific marginalized populations,” Clark said. “The bigger picture is that funding that was purposed for diversity, equity, inclusion, marginalized populations, or you know culturally competent programming, those funds have been strategically reduced or eliminated on state and federal levels overall.”
Even more so with the current Trump-Vance administration.
Data shows federal funding for one “major federal victim-services funding stream in” Virginia has dropped 54 percent over the last six years: from $25.1 million in fiscal year 2020 to $11.6 million in fiscal year 2026.
Clark noted some federal funding has been denied due to VAVP’s DEI policies — it has had to “water down” their language. These cuts have forced VAVP to limit housing and economic support, which has resulted in fewer resources for its clients.
The organization has set up a goal for receiving between $250,000-$300,000 a year that would allow it to operate — and focus on client housing.
“Housing is fundamental to safety,” Clark told the Blade. “If you know leaving violence puts someone on the street or forces them back to the person harming them, that means the crisis isn’t over. So there needs to be other prevention strategies and reactive strategies in place to be able to prevent further violence from folks.”
VAVP has set up a link for anyone who is interested in making a donation. It is here.
The VAVP website is also accepting donations.
Virginia
Winsome Earle-Sears ‘Life and Marriage Tour’ to include Northern Va. stops
Voters to consider marriage equality, reproductive rights referenda in November
Former Virginia Lt. Gov. Winsome Earle-Sears has announced her campaign against efforts to enshrine marriage equality and reproductive rights in the state constitution will make several stops in Northern Virginia.
Her “Life and Marriage Tour” will include stops in Manassas, Winchester, and Harrisonburg. Earle-Sears said the “Life and Marriage Tour” will also travel to Virginia Beach, Lynchburg, Roanoke, Charlottesville, and other cities across Virginia “throughout September and October.”
The announcement did not include specific dates.
“Virginia, you’ve been asking where the Life and Marriage Tour is headed — here’s a look at our current tour locations,” she said on X on Tuesday. “We’ll be traveling across the commonwealth throughout September and October, and we’re still building the journey.”
Current Gov. Abigail Spanberger, a Democrat, last November defeated Earle-Sears, a Republican, in the race to succeed Republican Glenn Youngkin.
Voters in 2006 approved the Marshall-Newman Amendment, which defined marriage in Virginia as between a man and a woman.
Same-sex couples have been able to legally marry in Virginia since 2014. Youngkin a decade later signed a bill that codified marriage equality in state law.
Two successive legislatures must approve a proposed constitutional amendment before it can go to the ballot.
Spanberger signed bills that finalized the marriage equality and reproductive rights referenda’s language.
The referenda will take place on Nov. 3.
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